Cyprus court backs extradition of fugitive doctor to Ohio

Friday

Jun 29, 2007 at 12:01 AMJun 29, 2007 at 1:02 PM

LARNACA, Cyprus (AP) — A court in Cyprus on Friday approved a request to extradite a fugitive doctor accused in the United States of fatally poisoning his wife, but defense lawyers said they will appeal the decision.

The court rejected defense arguments that Yazeed Essa, 38, would face the death penalty if he returns to Ohio. Cypriot law bans extradition of suspects who faces the death penalty.

Essa disappeared before he was indicted on aggravated murder charges in Cuyahoga County in the death from cyanide poisoning of his wife, Rosemarie Essa, 38. She collapsed in her car and died on Feb. 24, 2005, about five miles from their home in Gates Mills, near Cleveland.

He was arrested last October in Cyprus as he attempted to clear customs after arriving from Lebanon. Charges against Essa carry a term of life in prison with the possibility of parole after 20 years.

But his defense fought extradition, arguing that he could face a death sentence if convicted for his wife's death because prosecutors could amend the charge to one that carries the death penalty.

In its 45-page decision, the court said expert testimony presented by the defense to support this argument was "supposition and conjecture."

Judge Elias Georgiou said Essa failed to present credible evidence to suggest a "serious possibility or real risk, that the charges will be amended" or new charges, carrying the death penalty, will be filed.

The judge ordered Essa to remain in custody until his extradition.

Defense attorney Soteris Argyrou said they will first contest his continued detention before appealing the decision at the island's Supreme Court — setting the stage for a lengthy legal battle.

A mustachioed Essa appeared in court with a shaved head, clad in black T-shirt and jeans and wearing what looked like a wedding ring.